THE PEOPLE V FRANK GARCIA
Motion No: KA 10-00287 AND KA 10-00517 AND KA 11-00232
Slip Opinion No: 2011 NY Slip Op 81361(U)
Decided on August 17, 2011
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


August 17, 2011

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

KA 10-00287 AND KA 10-00517 AND KA 11-00232
Indictment Nos: 2009-0150
09-01-023

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

FRANK GARCIA, DEFENDANT-APPELLANT.


Appellant having moved to consolidate the appeals taken from the judgment of the Monroe County Court rendered December 16, 2009 (KA 10-00287), the judgment of Supreme Court, Ontario County rendered September 1, 2009 (KA 10-00517), with an application pursuant to CPL 460.15 seeking permission to appeal from an order of Ontario County Court dated December 29, 2010 (KA 11-00232), and for other relief,

Now, upon reading and filing the affidavit of Frank Garcia sworn to June 29, 2011, the notice of motion with proof of service thereof, the affirmation of Leslie E. Swift, Esq. dated August 11, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the portion of defendant's motion seeking permission to file a pro se supplemental brief in excess of the page limitation prescribed pursuant to 22 NYCRR 1000.4 (f)(3) is dismissed as premature, and

It is further ORDERED that the motion is otherwise denied.

Entered: August 17, 2011

PATRICIA L. MORGAN, Clerk